ktvu channel 2 news. >> now to ktvu's eric rasmussen on the case before the court and how it could come down to one vote. >> reporter: and the supreme court could rule in a way that limits its decision to california, banning gay marriage or allowing it, which is what they did a year ago when they struck down proper 8 but they could also rule in a more sweeping way, making a declarations, still a political hot potato here in california. >> reporter: in oakland governor jerry brown didn't want to talk about gay marriage going to the supreme court. >> reporter: do you think it is a good thing? >> i think it is good you are inquiring about it. the arguments have to be made. >> tremendous momentum. >> reporter: in san francisco he had plenty to say. as mayor in 2004 he declared gay marriage legal and conducted same-sex marriage weddings. now he thinks the justice could be the one who decides the issue for california and the nation once and for all. >> he has been the principal player on advancing the rights of folks whose rights were taken away. >> reporter: many agree and believe the suprem